IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33613 of 2026 Arising Out of PS. Case No.-186 Year-2025 Thana- BARGAINIA District- Sitamarhi ====================================================== Pir Mohammad @ Peer Mohammad S/o Gagani Rai R/o Village- Saruaatha, Ward No.- 4, P.S.- Saruaatha, District- Rauthat, Country-Nepal ... ... Petitioner/s Versus 1. The State of Bihar Bihar 2. XX D/o YY Resident of Village - Pakridayal, P.S.- Pakridayal, District - East Champaran ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Zaki Haider For the Opposite Party/s : Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 14-07-2026 Heard the parties. 2. The petitioner seeks regular bail in connection with Bairgania P.S. Case No. 186 of 2025 / T.R. No. 405 of 2025 / Reg. 01 of 2026 registered for the offence under Section 64 of the BNS and under Section 8 of the POCSO Act. 3. The petitioner is alleged to have committed rape with the minor victim. 4. The petitioner is in custody since 07.09.2025. 5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the victim girl in her examination- in-chief and in her statement recorded under Section 183 of the Patna High Court CR. MISC. No.33613 of 2026(3) dt.14-07-2026 2/2 BNSS has supported the prosecution case but in her cross- examination, she has not supported the allegations levlled against the petitioner and therefore the petitioner may be granted bail. 6. Learned APP for the State has opposed the application of the petitioner. 7. Considering the statement of the victim girl recorded under Section 183 of the BNSS and also in view of the Judgment of the Hon’ble Supreme Court passed in the case of X Vs. State of Rajasthan reported in 2024 SCC OnLine SC 3539, this Court is not inclined to grant bail to the petitioner when the trial is going on. 8. Accordingly, this application stands dismissed. Vikas/- (Sandeep Kumar, J) U